7 Guam Code Ann. § 11301.1

Section 11301.1 removes the time limit for claims arising from child sexual abuse on Guam and permits previously time-barred claims to be filed retroactively.

BB v. Zermeno · filed 2022-02-15(b)

Here, the Child Sex Abuse statute explicitly states that a claim may be commenced “at any time.” 7 Guam Code Ann. § 11301.1 (2020). The headings of the statute provide guidance as well: Section 11301 is entitled “Periods of Limitations Prescribed” and Section 11301.1 is entitled “No Limit for Child Sexual Abuse.” Importantly, the legislature dispelled all ambiguity about the statute’s applicability: “Any claim … which has been barred by virtue of the expiration of the previous civil statute of limitations shall be permitted to be filed in any court of competent jurisdiction.” Id. § 11301.2. While there is no longer a statute of limitation with regard to Child Sex Abuse claims, it would be inapposite to bar these claims under the doctrine of laches. ... Here, it is clear that Section 11301.1 applies retroactively by virtue of Section 11301.2. As a result, this cause of action should not be dismissed as untimely. ... Plaintiff can bring this claim “at any time,” Id. § 11301.1, even if it was barred by the previous statute of limitation. Id. § 11301.2.

Section 11301.1(a) allows claims arising from child sexual abuse to be commenced at any time, but does not clearly waive GovGuam’s sovereign immunity or eliminate the Government Claims Act’s timely administrative-claim requirement.

S.C. v. Government of Guam · filed 2022-03-25(a)

The No Limit on Child Sexual Abuse statute permits “[a]ny claims arising from an incident of child sexual abuse [to be commenced] … at any time.” 7 Guam Code Ann. § 11301.1(a) (emphasis added). ... The court may not infer that Guam’s Legislature consented to GovGuam being sued under the Child Sexual Abuse statute in the absence of a timely administrative claim. ... The court finds that there is no “clear declaration that [Guam] intends to submit itself to jurisdiction” under the No Limit on Child Sexual Abuse statute. ... Thus, the court is left with no alternative but to find that Plaintiff failed to establish that GovGuam waived sovereign immunity and consented to being sued despite Plaintiff’s untimely administrative claim.

Section 11301.1(a) permits child sexual abuse claims to be commenced at any time, but does not clearly waive the Government Claims Act’s 18-month administrative claim requirement for suits against GovGuam.

G.B. v. Government Of Guam · filed 2022-07-15(a)

Second, Plaintiff’s claims fail because Plaintiff fails to establish that Guam’s Legislature unequivocally expressed GovGuam’s consent to be sued in the absence of a timely administrative claim. The No Limit on Child Sexual Abuse statute permits “[a]ny claims arising from an incident of child sexual abuse [to be commenced] … at any time.” 7 Guam Code Ann. § 11301.1(a) (emphasis added). Similarly, “[a]ny claim … which has been barred by virtue of the expiration of the previous civil statute of limitations shall be permitted to be filed in any court of competent jurisdiction.” Id. § 11301.1(b). However, these provisions conflict with the Government Claims Act, which requires that “[a]ll claims under this Act must be filed within 18 months from the date the claim arose.” 5 Guam Code Ann. § 6106(a) (emphasis added). The court may not infer that Guam’s Legislature consented to GovGuam being sued under the Child Sexual Abuse statute in the absence of a timely administrative claim. Rather, the court may find a waiver of sovereign immunity “only where stated by the most express language or by such overwhelming implications from the text as [will] leave no room for any other reasonable construction.” Ramsey, 849 F.3d at 860-61. Here, however, there are two opposing and reasonable constructions of these statutes, as evidenced by the parties’ briefings.

Section 11301.1(a) allows claims arising from child sexual abuse to be commenced at any time, but it does not unequivocally waive the Government Claims Act’s 18-month administrative-claim deadline for suits against GovGuam.

R.C. v. Zermeno · filed 2022-06-17(a)

Specifically, the No Limit on Child Sexual Abuse statute permits “[a]ny claims arising from an incident of child sexual abuse [to be commenced] … at any time.” 7 Guam Code Ann. § 11301.1(a) (emphasis added). ... The court still finds that there are two reasonable constructions concerning the interaction of the Government Claims Act and the No Limit on Child Sexual Abuse statute. And because there is still “room for any other reasonable construction,” the court is again prohibited from finding that GovGuam waived sovereign immunity and consented to being sued despite Plaintiff’s untimely administrative claim. See Ramsey, 849 F.3d at 860-61. As a result, the court finds that it does not have subject matter jurisdiction over GovGuam. The court therefore GRANTS GovGuam’s Motion to Dismiss Counts II through VI against GovGuam.